ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of January 31, 2020 No. 67

About approval of Rules of the indemnification caused by the heavyweight vehicles, about change and recognition which voided some acts of the Government of the Russian Federation

The government of the Russian Federation decides:

1. Approve enclosed:

Rules of the indemnification caused by heavyweight vehicles;

changes which are made to appendix No. 2 to Rules of carriages of goods by the road transport approved by the order of the Government of the Russian Federation of April 15, 2011 No. 272 "About approval of Rules of carriages of goods by road transport" (The Russian Federation Code, 2011, No. 17, Art. 2407; 2017, No. 51, Art. 7831).

2. Determine that the extent of the harm done by heavyweight vehicles in case of movement of such vehicles on highways of federal importance, is determined according to appendix No. 1.

3. Realization of the powers established according to this resolution is performed by Federal Highway Agency within the number of employees of central office of the Agency and budgetary appropriations of the federal budget provided to the Agency on management and management in the field of the established functions established by the Government of the limiting Russian Federation.

4. Recognize invalid acts of the Government of the Russian Federation according to the list according to appendix No. 2.

5. This resolution becomes effective since February 1, 2020.

Approved by the Order of the Government of the Russian Federation of January 31, 2020 No. 67

Rules of the indemnification caused by heavyweight vehicles

1. These rules according to the Federal Law "About Highways and about Road Activities in the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation" (further - the Federal Law) establish procedure for the indemnification caused by heavyweight vehicles (further - vehicles), and also procedure for determination of the extent of such harm.

2. The harm done by vehicles to highways (further - harm), is subject to compensation by owners of vehicles.

Introduction of payment on account of indemnification is performed in case of registration of the special permission specified regarding the 2nd article 31 of the Federal Law.

3. Implementation of calculation and collection of payment on account of indemnification will be organized by Federal Highway Agency, Russian Highways State-owned company, executive bodies of subjects of the Russian Federation, local government bodies, owners of private highways concerning respectively sections of highways of federal importance, highways delivered in trust management of Russian Highways State-owned company, sections of highways of regional or intermunicipal value, sections of highways of local value, sections of private highways on which there passes the vehicle traffic route.

The order of interaction of the specified bodies and persons concerning calculation and collection of payment on account of indemnification is established by the Ministry of Transport of the Russian Federation in case of determination of procedure for issue of the special permission specified regarding the 2nd article 31 of the Federal Law.

Calculation of payment on account of indemnification is perfromed on a grant basis.

4. The extent of harm is determined according to the procedure, provided by method of calculation of the extent of the harm done by heavyweight vehicles according to appendix and is calculated taking into account:

a) excesses "Restriction of the weight falling on vehicle axis" or the decision on the temporary restriction of movement of vehicles accepted according to article 30 of the Federal Law, the values established by the Government of the Russian Federation, the prohibiting route signs 3.11 "Restriction of weight" and (or) 3.12:

admissible mass of the vehicle;

allowable load on vehicle axis;

b) extents of sections of highways of federal importance, sections of highways of regional or intermunicipal value, sections of highways of local value, sections of private highways on which there passes the vehicle route;

c) basic compensation index of the current year.

5. The amount of payment on account of indemnification is calculated in relation to each section of the highway across which there passes the route of the vehicle (Pr), on the following formula:

where:

The RPM - the extent of harm in case of exceeding of value of admissible mass of the vehicle determined respectively for highways of federal importance, highways of regional or intermunicipal value, highways of local value, private highways (rubles on 100 kilometers);

Rpom1 + Rpom2 +... + Rpomi - the amount of the extent of harm in case of exceeding of the values of allowable load on each axis of the vehicle determined respectively for highways of federal importance, highways of regional or intermunicipal value, highways of local value, private highways (rubles on 100 kilometers);

1, 2, i - sequence number of axes of the vehicle on which there is exceeding of allowable load on vehicle axis;

S - extent of the section of the highway (hundreds of kilometers);

Ttg - basic compensation index of the current year.

6. The basic compensation index of the current year (Ttg) is calculated by formula:

where:

Tpg - basic compensation index of previous year (the basic compensation index of 2008 is accepted equal 1, by T2008 = 1);

Itg - index deflator of investments into fixed capital at the expense of all sources of financing for the year of planning (when calculating for more than one year - the work of indexes deflators for the corresponding years) developed by the Ministry of Economic Development of the Russian Federation for the forecast of social and economic development and considered when forming the federal budget for the corresponding financial year and planning period.

7. Overall dimension of payment on account of indemnification is determined as payment amount on account of indemnification, the highways calculated in relation to each site across which there passes the vehicle route.

8. The means received as payments on account of indemnification are subject to transfer in the income of the federal budget, or in budget receipt of the subject of the Russian Federation, or in the income of local budgets, or in the income of the owner of private highways if other is not established by the legislation of the Russian Federation.

9. The decision on return of excessively paid (enforced) payments on account of indemnification listed in the income of the federal budget, the budget of the subject of the Russian Federation, local budgets is accepted in 7-day time from the date of receipt of the statement of the payer.

The decision on return of the specified means by owners of private highways is made in 7-day time from the date of receipt of the statement of the payer.

The decision on return of excessively paid (enforced) payments on account of indemnification is made provided that the applicant or his authorized representative do not get special permission to movement on highways of vehicles.

The decision on return of excessively paid (enforced) payments on account of indemnification is made also if special permission to movement on highways of vehicles is got, but when implementing calculation of payment on account of indemnification the technical mistake is made.

Appendix

to Rules of the indemnification caused by heavyweight vehicles

Method of calculation of the extent of the harm done by heavyweight vehicles

1. This technique determines procedure of payments of the extent of the harm done by heavyweight vehicles (further respectively - vehicles, harm).

2. In case of determination of the extent of harm it is considered:

the size of exceeding of values of allowable loads on axis and the mass of the vehicle, including during introduction of temporary restrictions of movement on highways;

type of road clothes;

highway arrangement in the territory of the Russian Federation;

value of the highway.

3. The extent of harm in case of exceeding of values of allowable loads on one axis (Rpomi) is calculated by formulas:

where:

Kdkz - the coefficient considering conditions of road and climatic zones, specified in table 1;

Kkap.R - the coefficient considering relative cost of performance of works on major repair and repair depending on highway arrangement in the territory of the Russian Federation, specified in table 1;

Ksez - the coefficient considering climatic conditions equal 1 in case of adverse climatic conditions, in the rest of the time equal 0,35;

Riskh.Os - the reference value of the extent of harm in case of exceeding of allowable loads on vehicle axis for the highway given in table 2;

Pos - the size of exceeding of live load on vehicle axis over admissible for the highway, TS;

N - normative load on vehicle axis for the highway, TS;

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